Uitvoeringsprotocol tussen de Benelux-staten (het Koninkrijk België, het Groothertogdom Luxemburg, het Koninkrijk der Nederlanden) en Oekraïne bij de Overnameovereenkomst tussen de Europese Gemeenschap en Oekraïne

For the purposes of this Implementing Protocol:
– “diplomatic representation” shall mean the diplomatic or consular mission of the requested Party which is accredited to the requesting Party;
– “the competent authority” shall mean the authority, which is designated by the relevant Parties to implement the Agreement in practice;
– “escort(s)” shall mean the person (or persons) designated by the competent authority of the requesting Party to accompany the person to be readmitted or who is in transit.

1. Competent authorities responsible for implementation of this Implementing Protocol and the Agreement are listed in Annex 1 to this Implementing Protocol.
2. Not later than fifteen (15) days after the signature of this Implementing Protocol, the Parties shall exchange contact information of the competent authorities.
3. Any amendment to Annex 1 to this Implementing Protocol and to the contact information mentioned in paragraph 2 of this Article shall be notified to the Parties without delay through the diplomatic channels.

1. All international airports of the requested Party can be used as border crossing points for the effective readmission and transit of the persons concerned.
2. Not later than fifteen (15) days after the signature of this Implementing Protocol, the Parties shall exchange the lists of border crossing points specified in paragraph 1 of this Article.
3. Any amendment to the lists mentioned in paragraph 2 of this Article shall be notified to the Parties without delay through the diplomatic channels.
4. The use of border crossing points for the purpose of readmission and transit other than those defined in this Article shall be agreed by the Parties on individual basis.

1. The readmission application shall be submitted to the competent authority of the requested Party in writing, by mail or other technical means of communication in accordance with Article 13 of the Agreement. The requested Party shall inform the requesting Party of the receipt on the date of receiving the readmission application.
2. The readmission application shall be submitted using the form attached as Annex 5 to the Agreement.
3. Competent authorities of the Parties shall contact each other for any information to be provided or collected about the received readmission application.

1. The competent authority of the requesting Party and the diplomatic representation or competent authority of the requested Party shall agree on the time, place and method (e.g. via video conference) of the interview, in accordance with Article 6(2) of the Agreement.
2. The requested Party shall inform the requesting Party on the results of the interview as soon as possible but not later than five (5) calendar days.

1. The reply to a readmission application shall be transmitted to the competent authority of the requesting Party using the form attached as Annex 2 to this Implementing Protocol, in writing, by e-mail or other technical means of communication in accordance with Article 13 of the Agreement.
2. In case of a positive reply to the readmission application, a copy of the reply mentioned in paragraph 1 of this Article shall be sent by the competent authority of the requested Party to the diplomatic representation of requested Party.

1. In the event of a positive reply to a readmission application of an own national, the travel documents necessary for return shall be issued, without delay and no later than five (5) working days after the date of the receipt of a positive reply to the readmission application, in the name of the person to be readmitted, and forwarded to the competent authorities of the requesting Party by the diplomatic representation.
2. In the event of a positive reply to the readmission application of a third country national or a stateless person, the requesting Party shall issue to the person to be readmitted a travel document in accordance with the models respectively attached as Annexes 3 and 4 to this Implementing Protocol.

1. The requesting Party shall notify the requested Party about the intended transfer, using the form attached as Annex 5 to this Implementing Protocol. The transfer form shall be submitted in writing, by e-mail or other technical means of communication to the competent authority of the requested Party, at least three (3) working days before the transfer date.
2. Although no means of transportation shall be excluded, transfer shall – as a rule – take place by air. If necessary, the requesting Party may organize a special flight.

1. Application for transit shall be submitted at least twelve (12) calendar days before the planned transit in writing, by e-mail or other technical means of communication to the competent authority of the requested Party in accordance with Article 13 of the Agreement. The application shall be submitted using the form attached as Annex 6 to the Agreement.
2. No later than ten(10) calendar days before transfer, the competent authority of the requested Party shall inform in writing, by e-mail or other technical means of communication that it accepts the transit and the date planned for it, the border crossing point, the mode of transportation and the possible use of escorts. To this end, the requested Party shall also use the form attached as Annex 6 to the Agreement.
3. Transit shall take place by air.

1. Within available means, the Parties shall provide mutual assistance to each other during the transit operations.
2. If the requesting Party deems it necessary that assistance for a particular transit should be provided by the competent authorities of the requested Party, this shall be indicated in the form attached as Annex 6 to the Agreement.
3. When replying to the transit application, the requested Party shall also indicate whether it can provide the requested assistance. To this end, the requested Party shall also use the form attached as Annex 6 to the Agreement. If necessary, the Parties shall consult each other at least two (2) working days before the planned transit operation.

The Parties have agreed on the following terms relating to the use of escorts in readmission and in transit in the territory of the requested Party:
– Escorts shall be responsible for the person who is subject to readmission or transit and for his or her documents related to readmission and transit.
– Escorts shall perform their duties unarmed and dressed in civilian clothes. They shall carry permission for readmission or transit and a valid travel document.
– The requested Party shall guarantee equal protection and assistance to escorts performing their duties and powers, as it grants to its own officials who are authorized to take such action.
– In the territory of the requested Party, escorts shall adhere to the laws of the requested Party. The competence of the escorts is limited to necessary self-defence. In case of inability of the requested Party to provide assistance or in case of supporting the assisting personnel of the requested Party in hazardous situations, escorts may take appropriate measures to prevent the person concerned from escaping, self-injuring or injuring third parties or causing damage to property.
– Escorts shall stay with a person who is subject to transit until the transit procedure is fully completed.

All costs incurred by the requested Party and specified in Article 12 of the Agreement shall be reimbursed by the requesting Party via bank transfer within sixty (60) calendar days after the submission of an invoice and necessary banking details.

The Parties shall communicate with each other in English language.

Upon request of one of the Parties, an expert meeting, consisting of representatives of the competent authorities of the Parties, shall be organized.

Annexes 1 to 5 shall constitute an integral part of the Implementing Protocol.

Any dispute which may arise in connection with interpretation and/or application of this Implementing Protocol shall be settled by the Parties through negotiations.

The Secretariat General of the Benelux is the depositary of this Implementing Protocol for Benelux States and shall issue each Benelux State with a true copy of the original of this Implementing Protocol.

1. The Parties shall notify the depositary, as well as each other, of the completion of their national legal procedures necessary for the entry into force of this Implementing Protocol.
2. This Implementing Protocol, in accordance with Article 16(2) of the Agreement, shall enter into force on the first day of the second month after the Joint Readmission Committee has been notified by the depositary that all Parties have completed their respective internal procedures necessary thereto. A copy of this notification shall be distributed by the depositary among all Parties.
3. This Implementing Protocol may be amended and supplemented by mutual agreement between the Parties. Amendments and supplements that are issued in the form of separate protocols shall constitute an integral part of this Implementing Protocol and shall enter into force in accordance with the procedure laid down in paragraphs 1 and 2 of this Article.
4. Any amendment to Annexes 2 to 5 to this Implementing Protocol shall be agreed in writing between the Parties and shall enter into force on a date to be determined by the Parties.
5. This Implementing Protocol is concluded for an indefinite period of time and shall cease to apply simultaneously with the Agreement.